Legal Services

Sometimes its best …

To start court action

Immediately!

Know the pro’s and cons.

Speak to the lawyers who CARE about the BEST OUTCOMES FOR YOU during your FAMILY LAW LITIGATION matter- not just about their legal fees!

Goldman & Co Lawyers – your expert family law defence solicitors that you can speak to without fee stress

1. Lengthy delays in having the matter dealt with by the Court -15 months to 2 years for a final determination – but the parties can at any time reach agreement and have orders issued by way of consent.

2. Costly. There are requirements for the filing of applications and affidavits and other documents, and these documents must be properly drafted.

3. Emotionally draining for the parties. It is an adversarial process. It can be hurtful.

4. The parties in Family Court litigation have no control over the process. Dates are set for the mentions and various hearings of matters before the Court.

5. The parties have no control over the running of the matter through the Court process.

6. Self-litigants however do not have the knowledge required to meet all the requirements. Even if you are represented – it will take a lot of time to prepare documents for your lawyer.

7. Barristers will need to briefed for hearings- doubling the cost!

1. Court orders made by the Court are enforceable. Contravention is a serious issue.

2. An Independent Children’s Lawyer (ICL) can be appointed by the Court to solely look after the children’s interests. Funded by Legal Aid although the parties may be requested to contribute. The Court can also order a Family Report without the appointment of a children’s lawyer. The information obtained by the Independent Children’s Lawyer reduces the costs of the parties personally obtaining the same.

3. Section 60 I - parenting matters for the parties to attend a mediation prior to the institution of proceedings in the Court unless there is some element of urgency.

4. An application for divorce can be filed 12 months after the date of separation but you start financial or parenting litigation if you are separated – you do not have to wait for a divorce!

5. Mediation and private agreements are not enforceable and can be a waste of time and can be a delay tactic.

6. There are extensive powers and duties of disclosure if legal action is commenced!

7. Statements and disclosure must be truthful – penalties for misleading the Court!

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